If you are a consumer that sells either new or secondhand goods at Car Boots Sales then you need to read the following guidelines:

Are you acting in the course of a business?
There is no legal definition of what constitutes a business. In general, a business can be any operation where goods or services are supplied for gain or reward. However, the courts have established the following principles:

1. You need not be doing it full-time to be classed as a business.

2. Selling in your spare time could still be selling in the course of a business.

3. It doesn't have to be your usual business.

Therefore, if you sell regularly at car boot sales, even if it is only in your spare time, then you could be operating in the course of a business and the goods you sell will have to comply with the relevant safety legislation to avoid committing a criminal offence.

If you are not deemed to be a trader you may still be held responsible if the goods you sell cause injury which could lead to your being sued for damages.

If you are deemed to be a trader, then you need to also be aware of the following information:

Safety
It is a legal duty that all new or second-hand goods supplied in the course of a business to a consumer must be safe, and that no one is harmed by their use. This may be achieved by ensuring that they comply with safety standards such as British Standards.

In addition to this duty there are a number of Regulations that deal with the safety of specific goods. Some of the are listed below, but if in doubt seek advice from us on the number given later in the leaflet:-

Toys*
Motor vehicle tyres*
Bunk beds*
Oil heaters*
Ceramic ware
Pedal cycles
Hoods on children's clothing
Pushchairs*
Cooking utensils
Prams*
Electrical equipment including electric blankets*
Gas appliances
Plugs and sockets*
Furniture*
Cosmetics*
Gas catalytic heaters*
Pencils
Gas cookers*
Nightdresses

* indicates Regulations which apply to second-hand as well as new. But remember the general duty is that all goods must be safe.

Upholstered furniture
Since 1989 all new domestic upholstered furniture must pass safety tests and have a permanent label headed "Carelessness Causes Fire" attached.
Second-hand upholstered furniture must also satisfy the safety tests but need not carry the permanent label. Before supplying domestic upholstered furniture consider the fact that if it doesn't have a permanent label how can you be sure that it satisfies the safety requirements.

Furniture manufactured before 1950 is exempt.

New and second-hand electrical equipment
All new and second-hand electrical equipment must be safe and not likely to cause injury by electrical or mechanical means and should comply with an applicable standard such as a British Standard. If instructions are necessary for the safe operation of the equipment they must be supplied.

Pushchairs
New and second hand pushchairs must have adequate braking systems and a safe folding mechanism, to avoid finger traps.

Plugs and sockets
Since February 1996 all new and second-hand domestic electrical equipment must either be fitted with an approved 3 pin plug or where applicable (e.g. shavers) a 2 pin plug, which complies with an appropriate standard.

Individual plugs and sockets should also comply with the appropriate standard.

Toys
The essential safety requirements for toys, whether new or second-hand, is to protect the user as well as anybody else from risk of injury or damage to health. Toys should comply with British Standard 5665 (EN71) but in general they must not:-

• be flammable
• have easily detachable small parts e.g. eyes or buttons
• have sharp edges or points
• contain toxic substances or toxic paint

Hoodcords on children's clothing
Children's garments with a chest measurement of 44 cms or less (measured across the garment under the arm). Should not have a hood secured by a cord which passes through the material. When drawn together and tied the cord can present a possible strangulation hazard..

Cosmetic products
Cosmetic products have comprehensive safety requirements which include:-

They must not be likely to damage a persons health in normal or foreseeable use. They must not contain certain listed substances and other substances can only be included within certain limits. They need specific labelling information including name and address of manufacturer and instruction for use where appropriate.

IF IN DOUBT - THROW IT OUT!.